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5136
BREMERTON SCHOOL DISTRICT
ILA -- Youth Wellness Center
Mayor
LEG 12-1
4/12/2012
12/31/2012
12/31/2012
2014
Comments• Expires when Exeltech contract expires
INTERLOCAL AGREEMENT
FOR YOUTH WELLNESS CENTER
� ` 2012, between the
This Agreement is entered mto tlus � 2 day of 'A ri ,
Crty of Bremerton (the "City") and the Bremerton School Distnct (the "Distnct") This
Agreement is made pursuant to the Interlocal Cooperation Act, chapter 39 34 RCW (the "Act")
and has been authonzed by the govermng body (i e, board of directors) of each Party Each of
the Parties is a"public agency" as defined m the Act
I RECITALS
1 The Distnct is the owner of certam real property m the Crty of Bremerton
commonly known as the former Bremerton Jwuor High School (the "Property")
2 The Distnct and the Crty are �omtly mterested m explonng the feasibilrty of
developmg a Youth Wellness Center on a portion of the Property Such a Center may be a
valuable commumty asset and could be a use of the Property compatible with a planned Boys
and Girls Club on the Property
3 The ICrtsap Commuruty Foundation is currently holdmg the sum of Fifty
Thousand and No/100 Dollars m a pre-development pro�ect management fund (the "KCF Fund")
for payment of pro�ect management services to complete the planrung and pre-development work
needed to break ground for srte development and construction of the buildmgs associated with a
Youth Wellness Center on the Property (the "Management Services")
4 The City has identified Exeltech Consultmg, Inc ("Exeltech") as a consultant to
perform the Management Services
5 By this Agreement, the Distnct and City wish to document the terms under which
each will cooperate m the oversight of the Management Services
NOW, THEREFORE, based upon the mutual promises set forth herein, the Crty and
Distnct agree as follows
II AGREEMENT ,
1 Retention of Exceltech Consultm� The Distnct consents to the City entenng
into an agreement wrth Exeltech to perform the Management Services, sub�ect to the limitations
set forth below The City agrees to retain Exeltech for the limrted purpose of performing the
Management Services, also sub�ect to the limitations set forth below
2 Financial Limrtahons Nerther the Distnct nor the City have available funds to
pay for the Management Services The sole source of payment for the Management Services
shall be the KCF Fund The City shall m its consultmg agreement with Exeltech limrt the cost of
the Management Services to not more than $49,000 00 ($50,000 00 mmus $1,000 00 held to pay
the Krtsap Commuruty Foundation for the billmg services) and shall further identify that neither
F\00000.09999\03254\03254 43000UNAH_6QG INTERLOCnL Cm OF BREI�x70N BSD DOCX 1
the District nor the City have any financial obligation toward payment of services or costs
provided by Exeltech and that Exeltech's sole source of payment shall be from the KCF Fund
3 Permission to Enter Onto Propertv The Distnct agrees to allow Exeltech and its
employees and agents onto the Property for purposes of performing the Management Services,
provided that the consulting agreement entered mto between Execltech and the Crty must contain
Exeltech's agreement to additionally mdemrufy, defend and hold the Distnct harmless from and
agamst any claims ansmg out of or related to Exeltech's performance of work on the Property,
mcludmg the work of Exeltech's agents, employees or contractors
4 Term The term of tlus Interlocal Agreement shall expire upon the expiration of
the agreement between the Crty and Exeltech for the Management Services
4 Limrted Scope of Agreement The scope of tlus Agreement is limited to the
Management Services Notlung m tYus Agreement shall be deemed to obligate erther the City or
the Distnct to take any actions or expend any funds on a Youth Wellness Center beyond the
Management Services
6 Revisions, Enforcement This Agreement may be revised, amended or
supplemented only by wntten agreement of the Parhes Any revision, amendment or supplement
shall be m wntmg, signed by the authonzed officers of each Party If any provision of tlus
Agreement shall be held or deemed to be or shall, m fact, be mvalid, inoperative or
unenforceable, the remaimng provisions m this Agreement shall be given full force and effect to
the greatest extent possible such circumstances shall not have the effect of rendenng the
provisions m question mvalid, moperative or unenforceable in any other case or circumstance, or
of rendenng any other provision or provisions of tlus Agreement mvalid, inoperative or
unenforceable to any extent whatever This Agreement shall be mterpreted and construed under
the provisions of the laws of the State of Washmgton Except as otherwise required by
applicable law, any legal action under the Agreement shall be brought m Kitsap County Supenor
Court The Effective Date of tlus Agreement is the date the last agreemg Party affixes its
signature hereto This Agreement may be executed in several counterparts, each of which shall
be regarded as an ongmal and all of wluch shall constrtute one and the same document
Bremerton School Dist 'ct
B
Its Sup tendent
Y Z �-
Date
City of Bremerton
�
Its Mayor
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Date
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